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Terms of use and Privacy Policy

Personalized Support Service Terms and Conditions

Last updated on 7 June 2024

Clinical Trials Quebec has developed a support Service available, among other things, via its Website to the attention of any User, namely any potential patient (including their caregivers and/or legal representatives) and other members of the public wishing to identify clinical trials conducted in Quebec, or elsewhere in Canada or in the world (in the absence of such trials in Quebec).
ANY ACCESS AND USE OF THESE SERVICES (AND ANY CONTENT) BY ANY USER MUST BE IN ACCORDANCE WITH THESE TERMS OF USE AND THE PRIVACY POLICY. BY ACCESSING AND USING ANY SERVICE OR CONTENT, ANY USER ACKNOWLEDGES THAT THEY ARE BOUND, AND AGREES TO BE BOUND, BY THESE DOCUMENTS. IF THESE DOCUMENTS ARE NOT ACCEPTABLE TO SUCH USE, THEN THEY MUST CEASE OR REFRAIN FROM ACCESSING AND USING THE SERVICES AND CONTENT.

1. DEFINITIONS AND INTERPRETATION

1.1 Definitions.

Capitalized terms used in these Terms of Use have the following meanings :

  • Content means information and other content made available on the Website or as part of the Services.
  • Intellectual Property means any form of intellectual property recognized throughout the world and any right (including moral rights), title and interest therein and their respective protections, including: (i) any patent, application, continuation, partial continuation, divisional application, reissuance and re-examination; (ii) any copyright, work or other subject matter, and any application for registration, registration, substitution and extension of registration; (iii) any trademark and trade name, application for registration and respective registration; (iv) any trade secret and know-how; and (v) any other type of intellectual property right and interest in such right.
  • Other Sources refers to the website clinicaltrials.gov and any other website or source providing information related to clinical trials, including the Quebec clinical trials registry.
  • Permitted Purposes means the use of the Services and Content : (i) for informational and non-commercial purposes; (ii) in accordance with the Terms of Use and Privacy Policy; and (iii) for the purpose of identifying and obtaining information related to clinical trials.
  • Clinical Trials Quebec refers to CATALIS Québec, a not-for-profit organization created under the Canada Not-for-Profit Corporations Act, S.C. 2009, c. 23, also doing business under the name of “Clinical Trials Quebec” and conducting this initiative under that name.
  • Services means the support services offered by Clinical Trials Quebec to Users and available via the Website, including all functions and features of these Services.
    Site means any public hospital or other site participating in a clinical trial.
  • User means any health professional or potential patient (including their caregivers and/or legal representatives) wishing to obtain Services with the respect to clinical trials conducted in Quebec or elsewhere in Canada or in the world (in the absence of such trials in Quebec).
  • Website means the section exclusively dedicated to the Service and its components available on the Clinical Trials Quebec website, available at this address or at any other address thereafter.
1.2 Interpretation.

Unless the context requires otherwise, grammatical variations of any defined term herein has a similar meaning and the singular includes the plural and the masculine includes the feminine, and vice versa.

2. SERVICES AND CONTENT

2.1 General.

Clinical Trials Quebec makes available to Users some:

2.1.1 Services : These Services are intended to assist Users in their preliminary research and identification of clinical trials. The Services allow Users to be assisted by Clinical Trials Quebec when conducting targeted clinical trial searches according to the following process:

  • Any User must select filters and criteria and provide certain other information, then submit them : (i) verbally to Clinical Trials Quebec; (ii) via the online application form available on the Website; or (iii) by e-mail.
  • Clinical Trials Quebec will review the information submitted and validate whether clinical trials are available based on the criteria. Clinical Trials Quebec will contact, when appropriate, the Sites to confirm the information available about a clinical trial and to obtain other information (e.g., the existence of support programs, assistance with transportation or accommodation, etc.). In some cases, Clinical Trials Quebec may refine certain search criteria to provide relevant results;
    If clinical trials meeting the criteria are available, Clinical Trials Quebec will transmit to the User the preliminary results identified. These results will be sent in the form of a preliminary report. If no clinical trial corresponding to the criteria is available at this time, Clinical Trials Quebec will also notify the User.
  • Any User receiving a report referring to one or more clinical trials will be able to review and discuss of the report with their family physician (or any other applicable health professional) and then contact a Site to begin the process of participating in a clinical trial (if the User wishes to be enrolled in that trial and if indicated based on their trajectory of care).
  • Updates may be sent to the User if they have subscribed to alerts. Should it be the case, then an update will be sent when a new result becomes available; if there are no results for a few consecutive months, Clinical Trials Quebec will contact the User to inform them of the situation.

2.1.2 Content. This Content is intended to provide information related to the Services and clinical trials to Users.

2.1.3 Continuous Monitoring Service. This allows Users to stay informed, through alerts, of any updates regarding their request or if new clinical trials corresponding applicable criteria become available. An update will be sent when a new result becomes available. The Service will be offered as long as the User has not unsubscribed. Any User may unsubscribe at any time.

2.2 Consent.

Each User must provide consent to use the Services. If a User is making a request on behalf of another person and chooses to provide personal information about that person, then the User must confirm that they have the right to provide that information. (A User who makes a search on behalf of another person does not have to include that person's name or other identifiers, and Clinical Trials Quebec does not wish to receive such information). The consent and information provided will be kept in the User's file.

2.3 Free Services.

The Services (including any report) and the Content are offered free of charge.

2.4 Internet Usage.

Usage fees that are charged by a User's Internet or wireless carrier will apply independently and according to the use that is made of their electronic devices.

3. PROPERTY

3.1 Services and Content.

Any User acknowledges and agrees :

  • 3.1.1 that Clinical Trials Quebec owns all Intellectual Property and other rights, title and interest in and to: (i) the Services (including the template of reports) and any Content (subject to those from an Other Source); and (ii) any other improvements thereto which may or may not be subject to intellectual property protections;
  • 3.1.2 that in the absence of a written agreement to this effect, these Terms of Use do not give the right to communicate, refer to or otherwise use the trademarks, trade names, corporate names, logos, domain names, and any other distinctive sign, symbol or name of Clinical Trials Quebec;
  • 3.1.3 that the User may: (i) refer to the Services and the Content as long as such reference is accurate and is not intended to be detrimental to Clinical Trials Quebec (including its initiative), the Services and the Content; and (ii) include a hyperlink to the Services or the Content if this takes place in accordance with the Terms of Use (and those applicable to Other Sources, if any);
  • 3.1.4 it is forbidden to remove, obscure or alter any proprietary markings associated with the Services (including any reports) or the Content (such as "©");
  • 3.1.5 that the User shall notify Clinical Trials Quebec if they become aware of any infringement of Clinical Trials Quebec's Intellectual Property rights and, where applicable, that they shall assist Clinical Trials Quebec (at its expense) in taking any steps to protect such Intellectual Property or stop any infringement or other violation.

Subject to User’s compliance with the Terms of Use, Clinical Trials Quebec grants each User a non-exclusive, royalty-free, revocable, non-transferable and non-sublicensable right to access and use its Services and Content (including any reports generated in connection with the Services). Any access to and use of any Content from an Other Source shall also be subject to the terms and conditions applicable to such Other Source.

3.2 Suggestions.

Each User acknowledges and agrees that any comments, ideas and other suggestions brought to the attention of Clinical Trials Quebec in connection with the Services (including any reports), the Website or the Content shall belong to Clinical Trials Quebec. Accordingly, any User assigns to Clinical Trials Quebec all rights, title and interest, and waives any moral rights, in such comments, ideas and other suggestions.

3.3 Information Provided by Users.

Any information provided by any User shall remain the property of the User. The User agrees, however, that Clinical Trials Quebec (and its subcontractors, where applicable) may use the information: (i) to perform the agreed-upon Services; and (ii) to generate depersonalized Personal Information that may be used (in an aggregated format to the extent possible) for statistical and development purposes, to evaluate and improve the Services, the Content and the Website, and for any other permitted purpose.

4. REPRESENTATIONS AND WARRANTIES

4.1 General.

Each User represents and warrants :

  • 4.1.1 that the Services (including any report) and the Content will only be used for the Permitted Purposes;
  • 4.1.2 that they will not transfer or reproduce (in whole or in part): (i) the Services; or (ii) the Content, unless required for its own non-commercial review of the information (and if the Content comes from an Other Source, in accordance with the terms and conditions applicable to that Other Source);
  • 4.1.3 that they will not access, allow access to or assist any person in accessing the Services by any means (automated or otherwise) other than through the use of a commercial browser (e.g., Chrome, Safari, Internet Explorer and Mozilla Firefox), and will not download viruses, Trojan horses or other malicious code;
  • 4.1.4 that they consent to the collection, use and disclosure of certain information in the manner set out in these Terms of Use and the Privacy Policy;
  • 4.1.5 that they will not: (i) transfer, create derivatives of, sell, loan, lease, sublicence or otherwise assign (in whole or in part) the rights and licences that are granted by Clinical Trials Quebec; (ii) grant rights over the Services (including the reporting template), any Content or the Website to any third party; (iii) copy, change, disassemble, reverse engineer, decompile, derive any source code, modify or otherwise extract, by any means, any source code; (iv) distribute or make available the Services, the Content and the Website (in whole or in part) to any person or on any network, platform or other means that permits their use by multiple devices at the same time; (v) use or exploit the Services (including the reporting template), the Website and the Content in a manner that is detrimental to the Services or to Clinical Trials Quebec (including the initiative), or for any purpose other than the Permitted Purposes; (vi) use the Services, the Website and/or the Content (in whole or in part) to harass or otherwise harm any person; or (vii) attempt to do anything that set forth in (i) through (vi); and
  • 4.1.6 that their access to and use of the Services, the Website and the Content have not already been prohibited or otherwise restricted by, notably, Clinical Trials Quebec.
4.2 Essential Conditions.

The rights and licenses granted to any User are granted on the basis of these representations and warranties which are an essential condition thereof. If any of these representations and warranties is no longer accurate or enforceable, then any User must cease accessing and using the Services, the Website and the Content.

5. RESPONSIBILITY

5.1 Responsibility of Users.

Each User shall be responsible for their own acts and omissions (including any use of the Services, including any reports, and the Content) and for any failure to comply with applicable legal and contractual obligations (including those set forth in these Terms of Use and the Privacy Policy).

5.2 Responsibility of Clinical Trials Quebec.

While the Services and the Website have been created using technologies of merchantable quality, any technology – just like any other service or delivery method – is never infallible or fully protected against unforeseen events, cyber-attacks (and other illegal acts) or failures. Furthermore, Clinical Trials Quebec reminds that the Services (including any reports), the Website and the Content have not been created to meet the specific needs of any User. Similarly, Clinical Trials Quebec reminds that it is possible that no clinical trial be identified depending on when search is conducted and/or the criteria selected. Finally, Clinical Trials Quebec reminds that : (i) any Content and Services (including any reports) are provided for informational purposes only and are not to be used for self-diagnosis, or to make interpretations, prognoses, opinions, statements or medical recommendations, and are not a substitute for professional medical advice; (ii) any Content (and any reports) has been prepared using reasonable efforts to ensure accuracy, it being understood that such Content (and any reports) - like any other information - may be or become inaccurate or out of date; and (iii) any content from an Other Source is reproduced "as is".

Accordingly, to the fullest extent permitted by law, Clinical Trials Quebec: (i) disclaims all representations and warranties, express or implied, oral or written in connection with the Services (including any reports), the Website and any Content, including those relating to (a) their communication, use and suitability for a particular purpose; (b) their uninterrupted, continuous and error-free use or failure; (c) the fact that they will be accessible at all times and without delay; and (d) the fact that they will meet any criterion other than those set forth in these Terms of Use; and (ii) emphasizes that the Services (including any reports) and any Content are provided on an "as is" and "as available" basis.

To the fullest extent permitted by law and subject to the Terms of Use, Clinical Trials Quebec: (i) makes no representations or warranties in connection with the search results (including the number of results and information available in connection with each clinical trial); and (ii) disclaims any and all liability in connection with: (a) the Services (including any reports), the Website, and the Content; (b) any damage to electronic devices, including repair and maintenance services; and (c) any Other Sources, including any hyperlinks to third-party websites.

5.3 Essential Conditions.

Each User understands that this Section 5 provides essential conditions to the rights and licence granted to him or her.

6. TERM AND TERMINATION

6.1 Effective Date.

These Terms of Use shall apply to each User upon their acceptance of such terms or when such User will start accessing the Services or Content, and shall continue to apply for as long as the User accesses/uses the Services and Content (including any reports) and/or the Website.

6.2 Termination.

Clinical Trials Quebec may terminate access to the Services, the Website and/or the Content at any time. Any User may also stop accessing and using the Services, the Website and/or the Content at any time, at their option and without further formality. Thereafter, any User shall continue to be bound by any provisions which by their nature continue to apply, including those set forth in Sections 3 (Property), 4 (Representations and Warranties), 5 (Responsibility) and 7 (Miscellaneous).

6.3 Suspension.

Instead of terminating access to the Services and Content, Clinical Trials Quebec may limit, restrict or suspend their use or access if they are defective (until the situation is corrected) or for any reason (for any period of time deemed reasonable).

7. MISCELLANEOUS

7.1 Entire Agreement.

These Terms of Use constitute, together with the Privacy Policy, the entire agreement relating to access to and use of the Services (including any reports), the Website and the Content (subject, however, to those that may be applicable to Content from Other Sources). Each User confirms that the Privacy Policy (which has been expressly brought to their attention via various hyperlinks) has been reviewed and understood.

7.2 Amendments.

Clinical Trials Quebec may modify these Terms of Use from time to time. Such changes will be made available by any means acceptable to Clinical Trials Quebec (depending on the nature of the changes made). If a User does not agree with such amendments, then they must cease accessing and using the Services, the Website and the Content before such changes become effective; thereafter, all access and use shall constitute acceptance of such amendments. The Privacy Policy may also be amended (in the manner set forth in that document).

7.3 Severability.

If any provision is in conflict with any law or is unenforceable, then such provision shall be severable from the remaining provisions, and shall be deemed rewritten so as to be valid and enforceable while preserving, to the greatest extent possible, its original intent and scope.

7.4 Hyperlinks to Third-party Websites.

The Website, the Content and/or the Services (including any reports) may include hyperlinks to Other Sources, including third-party websites. Clinical Trials Quebec reminds that these hyperlinks are included for informational purposes only and that it does not endorse or control the content on these hyperlinks. Clinical Trials Quebec is not responsible for these Other Sources. Users choose whether or not to access the hyperlinks, and should review the terms of use and privacy policies applicable to those websites.

7.5 Force Majeure.

Clinical Trials Quebec is not liable for any damage caused by a situation of force majeure.

7.6 Non-waiver.

The delay or failure of Clinical Trials Quebec to require any User to comply with these Terms of Use shall not affect its right to require such User to comply thereafter, and any waiver shall be in writing and shall not be deemed a waiver of compliance with these Terms of Use at any other time or in any other circumstances.

7.7 Notice.

Any notice given to Clinical Trials Quebec: (i) must be in writing and sent by registered or certified mail, hand-delivered, or transmitted by e-mail (with confirmation of transmission); and (ii) will be received on the day of delivery or on the date shown on the confirmation (of transmission or delivery) if received on a business day prior to 5:00 p.m. at the address provided herein, failing which such notice will be deemed to have been received on the next business day.

7.8 Applicable Laws.

These Terms of Use, and all access, use and consultation of the Services (including any reports) and the Content are governed by the laws in force in the Province of Quebec excluding any principles and rules that may lead to the application of foreign laws. Any dispute that cannot be resolved through direct and good faith negotiations shall be submitted to the courts of the Province of Quebec, which shall have exclusive jurisdiction to resolve such dispute.

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